(Last of three parts)

The Supreme Court’s swift move to dismiss Justice Vicente Roxas, suspend Justice Jose Sabio and admonish three others is meant to show that the Tribunal is serious in weeding out scalawags in robes.

But insiders and court observers say the High Court meted out “uneven” punishment on the justices, at least in the case of Sabio, who many say, should also have been dismissed.

After all, the SC-formed panel found his actions - allowing his brother Camilo “to influence his conduct in the Meralco case,” being “remiss of his duty to inform the Presiding Justice about Secretary Camilo Sabio’s call to him which he admitted was unethical” and discussing the case with businessman and self-confessed deal-maker Francis de Borja - were serious violations of the Code of Professional Responsibility for Lawyers and the New Code of Judicial Conduct for the Philippine Judiciary.

Under Sec. 8, Rule 140 of the Code of Judicial Conduct, gross misconduct constituting violation of the Code of Ethical Conduct is qualified as a serious charge. Section 11 of the same rule states that a respondent found guilty of a serious charge may be dismissed from service and disqualified from reinstatement or appointment to any public office, and must pay a fine between P20,000 to P40,000.

A judge said the investigating panel and the SC overlooked the fact that Sabio has an established pattern of questionable ethics, pointing to his acceptance of P300,000 from de Borja for facilitating a real estate settlement when he was still a regional trial court judge. “Is that okay? I have been equally troubled why this was not looked into.”

During the hearings, the panel members said that they were focusing on Sabio’s behavior during the Meralco case. But insiders and observers we interviewed say that if the aim of the investigation was to cleanse the judiciary and restore its integrity, then Sabio’s ethical behavior as an RTC judge should have been considered.

During the SC deliberations on the panel report, a debate ensued whether Sabio should also suffer Roxas’s fate. One argued that suspension was too light but another wanted to exonerate him for being a whistle-blower. In the end, ten justices voted for Sabio’s suspension.

Former CA and SC justices we earlier interviewed had said that anything less than dismissal on those who deserve the punishment would be “unacceptable.”

The dismissal of those most guilty of the offense, they say, is called for considering the adverse effect the scandal has brought on the institution. “It has degraded the prestige of the judiciary, and eroded trust and confidence in the institution,” says former CA justice Hilarion Aquino. “It has affected even the justices who are upright.”

One active CA justice said the dismissal, while harsh, could be what the institution needs at this time to serve as a wake-up call.

Impact on SC

One immediate impact of the CA scandal is the likelihood that vacancies in the SC would not come from the ranks of the appellate court—at least in the immediate future.

There will be six vacancies in the High Court next year, with the scheduled retirement of Justices Ruben Reyes (Jan.3, 2009), Adolfo Azcuna (Feb. 16), Dante Tinga (May 11), Consuelo Ynares-Santiago (Oct. 5), Leonardo Quisumbing (Nov. 6) and Minita Chico-Nazario (Dec. 5).

Three of the most senior justices in the CA were among those implicated by the Court (Presiding Justice Conrado Vasquez, Justices Sabio and Bienvenido Reyes). Two other senior justices have questionable reputation while those perceived to be clean have no political backing.

This will give President Arroyo a freer hand in stacking the Court without the pressure of naming someone from the second highest court. 

SC’s doubtful moral ascendancy

Some attribute the panel’s inadequate findings and the SC’s uneven decision to its lack of moral ascendancy as the disciplining body of the judiciary.   

A lawyer with access to the High Court said it is “public knowledge” in the lower courts, the CA and the SC itself that one SC member is engaged in “influence-peddling,” the same charge imputed against Sabio’s brother, Presidential Commission on Good Government chair Camilo Sabio.

This justice, the court insider said, “is known to call lower court judges and CA justices to follow up on cases.”

In some instances, the magistrate would remind judges and CA justices who would hesitate on his request that they have pending administrative cases before the Office of the Court Administrator.

We checked the background of the magistrate and we found out that the justice has established extensive links in the judiciary. We also found out that the justice came out strongly in defense of one of the CA justices found guilty of wrongdoing during the SC deliberation.

“How can the SC set the standard when one of its members, and they are aware of this, has questionable ethical behavior?” the source argued.

The SC’s action on the alleged bribery of Justice Consuelo Ynares-Santiago has also  raised some questions. The SC created a panel, chaired by retired justice Carolina Grino-Aquino, who also chaired the SC panel on the Meralco scandal.

Unlike in the CA mess where all those linked in the bribery mess testified, the panel failed to summon Ynares-Santiago to clear her side. This despite the fact that she insinuated herself that the attack against her reputation “was part of a concentrated effort to influence the High Court” in connection with a big land dispute pending before the SC.  Instead the panel found the whistle-blower of the alleged bribery, Amado “Jake” Macasaet guilty for besmirching the image of the Court.

In the CA panel, cross-examination of witnesses was allowed while this wasn’t observed in the Ynares-Santiago case.

Moreover, the panel that looked into the Ynares-Santiago case recommended that Macasaet be reprimanded. The CA panel did not issue any recommendation.

Puno’s inhibition

Also, to some, the fact that Chief Justice Reynato Puno inhibited himself from the CA case showed he lacked political will to cleanse the judiciary. Puno inhibited from the CA case since a daughter of Sabio works in his office.

To a former justice, Puno’s inhibition “shows a lack of judicial statesmanship.”

The inhibition sends the message “that he does not want to handle a hot situation” The former magistrate asked: “Is he trying to say that he can be influenced by his clerk? Or was it an easy way out?”

Others say, however, that it was a valid ground for Puno to stay away from the case.

Overall, the SC effort to clean up the CA falls short of expectations.

Wanted: upright members

Those we interviewed are hoping that the CA scandal would serve as a catharsis that would lead to “reformation and transformation” in the institution.

The CA and the judiciary as a whole, they say, were badly battered by the scandal and all agree that “it would take a while and extra effort” to restore public trust.

A former SC justice said it is also a wake up call for all stakeholders, including the appointing power, to be judicious in filling up the Court with upright members.

By tolerating the irregular activities of the few, the majority have tacitly acquiesced to the system, court observers say. And for that, they have to suffer the consequence. (abs-cbnNEWS.com/Newsbreak)

---

INTERACT WITH THIS ARTICLE